CISF Member Without Government Housing Is Due Full HRA, Delhi HC Orders Remaining 5% For 2023–25

The petitioner, a CISF member posted at IGI Airport, New Delhi, from 31 March 2023 to 8 July 2025, was not provided Government accommodation and received only 25% HRA.

He sought the withheld 5%, claiming entitlement to full HRA for that period.

The respondents did not dispute the absence of accommodation or that only 25% HRA had been paid.

Rule 61 of the Central Industrial Security Force Rules, 2001 provides for accommodation for Force members and HRA in lieu of accommodation where the facility is unavailable.

In Inspector/Exe. Jaspal Singh Mann v. Union of India & Ors., 2008 SCC OnLine Del 649, the Division Bench read down Rule 61 to hold that a member who is not allotted accommodation—including because of limited availability or lower seniority—cannot be denied HRA in lieu thereof; HRA is a component of salary and a compensatory allowance, and denying it on that basis would be discriminatory under Article 14.

The Court also relied on subsequent Delhi High Court decisions applying that principle, including Shaikh Abdul Khalik, Brijesh Kumar and Anand Kumar, and noted that Jaspal Singh Mann and Brijesh Kumar had been upheld by the Supreme Court.

The petitioner’s case fell within the rule in Jaspal Singh Mann: he was posted at the relevant station, received no Government accommodation, and the respondents did not dispute that only 25% HRA had been paid.

The Court found that the subsequent decisions reaffirmed entitlement to full HRA where accommodation was not provided, without a reduction based on the circumstances of allotment.

Accordingly, withholding 5% of the petitioner’s HRA was inconsistent with the applicable rule as interpreted by the precedents.

It directed the respondents to pay the balance HRA within three months; if payment was delayed beyond that period, the petitioner would be entitled to simple interest at 6% per annum until payment. The writ petition was disposed of accordingly.